𝗘𝗙𝗖𝗖 𝗩. 𝗕𝗢𝗕𝗥𝗜𝗦𝗞𝗬 : 𝗔 𝗧𝗨𝗦𝗦𝗟𝗘 𝗕𝗘𝗪𝗧𝗘𝗘𝗡 𝗟𝗔𝗪 𝗔𝗡𝗗 𝗖𝗘𝗟𝗘𝗕𝗥𝗜𝗧𝗬

 𝗘𝗙𝗖𝗖 𝗩. 𝗕𝗢𝗕𝗥𝗜𝗦𝗞𝗬 : 𝗔 𝗧𝗨𝗦𝗦𝗟𝗘 𝗕𝗘𝗪𝗧𝗘𝗘𝗡 𝗟𝗔𝗪 𝗔𝗡𝗗 𝗖𝗘𝗟𝗘𝗕𝗥𝗜𝗧𝗬

Akilu Sa'adu

Ahmadu Bello University, Zaria

I must confess that for the past three days (3 days) what iI have been seeing on my newsfeed is the trend issue of Bobrisky , an androgynous and Nigerian most talked about social influencer; the only man that earned an award meant for female; an award which put the conscience of most Nigerian into question, having been arrested by EFCC for the alleged mutilation and abuse of Naira notes ,the act which is against our extant law..

But, the questions that desperately craves for answer from the people is: whether Bobrisky was the only Nigerian who has ever committed such offense? I am stubbornly sure that the answer must be in Negative. That is to say the abuse of Naira by spreading it in occasions, or wedding celebrations is ubiquitous or common among Elites and members of lower echelon of our society; or to paint it more sincerely, even among the members of ASO.

Of equal importance is the question of whether "spraying Naira notes in Nigeria constitutes an offense?

Nigeria is a country govern by law(s) and established authority whom are saddled with vires to enforce those enactments.

Therefore, by virtue of the provision of 𝘾𝘽𝙉 𝘼𝘾𝙏 2007 , section 21(1) –(5) which deals with tampering of Naira in whatsoever forms .

thus it says:

21(1) a person who tampers with a coin or note issued by the bank is guilty of an offense and shall on conviction be liable for an imprisonment for not less than six months or to a fine of not less than 50,000 or both"

(2) A coin or note shall be deemed to have been tampered with if the coin or note has been impaired, diminished or lightened otherwise by pair wear and tear or has been defaced by stumping, engraving , mutilating, piercing, stapling, writing, tearing, soiling, squeezing or any other form of deliberate and willful abuse whether the coin or note has or has not been thereby diminished or lightened.

(3) "for the avoidance of doubt, spraying of, dancing or matching on the Naira notes or any notes issued by the Bank during social occasions or otherwise howsoever shall constitute an abuse and defacing of Naira or such note and shall be punishable under subsection 1 of this section".

for clarity and addendum, subsection 5 of the section come to give meaning and annotate on the words used in subsection 3 of the section. Thus, in the section: "matching" including spreading, scattering and littering of any surface with Naira notes and stepping thereon, regardless of the value , volume occasion or intent".

where as "spraying" includes adorning, decorating or spraying anything or any person or part of any person or the person of another with naira notes or coins or sprinkling or sticking of the Naira notes or coins in similar manner regardless of the amount, occasion or intent"

The effect of this section is that, if a person is found spraying or matching on naira Notes issued by the Bank will be punished for an imprisonment of not less than six months (6 Months) , or fine of not less than 50,000 (fifty thousand) or both ( fine + imprisonment).

In Nigerian by the wordings of section 36(8) and (12) 𝙤𝙛 1999 𝘾𝙤𝙣𝙨𝙩𝙞𝙩𝙪𝙩𝙞𝙤𝙣, you can not be punished for an offense which is not a written law or has a specified punishment attached with, or for an act which does not constitute an offense at the time of commission , however heinous or atrocious the act might be seen in the eyes of the community.

Therefore, whoever, now, is found spraying or matching Naira notes will be held liable under section 21 𝘾 𝘽𝙉 𝘼𝙘𝙩 and may be punished upon conviction by the court of competent jurisdiction.

However, another question that demands a response, is whether Nigerians know the presence of this provision in our extant law?

To be candid more than half Nigerian are not aware or acquitted with this provision because of its inoperative nature and rare application by the law Enforcement Agents.

However, notwithstanding the unpopularity of the provision whoever is caught doing or done the act , if prosecution feels the need as in the case of BOBRISKY, would be indicted and punished because 𝘪𝘨𝘯𝘰𝘳𝘢𝘯 𝘵𝘪𝘢 𝘭𝘦𝘨𝘪𝘴 𝘯𝘰𝘯 𝘦𝘹𝘤𝘶𝘴𝘢𝘵– ignorance of law is not an excuse.

Been ignorant of or unaware of the law will not avail the doer of an offense; it will not be a shield or a defense for you in the court.

Lastly, It is an important duty of citizens to respect the symbols of their country . It is something ignominious to be sprinkling Nigerian Currency which is part of our nation's symbols and hard -won independence during any otiose gathering and event. Nigerians should endeavor to reflect this act as immoral and abominable.

More so, for the successful application of the law, it's consequentially vital for the persons whom the law meant to administer to know the extant of such provision as such, CBN is enjoin to make adequate enlightenment with regard to Naira or currency regulation .